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Anonymous   21 June 2024 at 09:42

"petition" to bar council of india

Subject: Urgent Action Needed to Address Frivolous Lawsuits and Unethical Practices
Dear Members of the Bar Council,
The erosion of public trust in the legal system poses a serious threat to our democracy. A significant factor contributing to this erosion is the apparent disregard for the ethical guidelines that are already in place.
The Problem: Including Baseless Claims in Legal Notices Mechanically
To investigate the root of this issue, I conducted an experiment on a legal forum (Pathlegal). In my first experiment, I asked if an advocate would draft a legal notice for a bank robber's accomplice claiming an unfair share of stolen money. Except for one advocate, the others did not express reservations about proceeding. This response made me think that perhaps the rules were not clear enough.
In response, I searched for the Bar Council's guidelines and found that they clearly define an advocate's duty towards opposing parties. To test their effectiveness, I copied and pasted these guidelines onto Pathlegal and posed a similar ethical question. Disturbingly, even after reading the clear-cut guidelines, one advocate responded by stating, "The Advocates' Code outlines the responsibilities and duties of an advocate. An advocate must maintain honesty towards their own client and remain neutral towards the opposing party" This response enlightened the root cause of the problem: the issue is not the clarity of the guidelines, but the failure of some advocates to adhere to and internalize these ethical standards.
Personal Experience and Systemic Flaws
Recently, I encountered a troubling situation firsthand. My tenant claimed INR 400,000 for renovations after 24 years based solely on an alleged oral agreement with my father in 1999. This claim lacks any supporting documentation and contradicts the Statute of Limitations, which prescribes a three-year limit for oral agreements. Additionally, the timing of the claim and continued rent payments further undermine its credibility. Unfortunately, such baseless claims are becoming increasingly common.
Ethical Concerns and Recommendations
This case study underscores the need for not just clear guidelines, but also effective enforcement and education. To address these shortcomings and restore public trust, I urge the Bar Council to take the following actions:
Review and Reinforce Existing Rules:
Reaffirm the clarity of the current guidelines and ensure they are widely disseminated and understood among advocates.
Develop a campaign to educate advocates about the importance of adhering to these guidelines, emphasizing the ethical duties they owe to all parties.
Enforce Disciplinary Measures:
Implement stricter disciplinary measures with clear consequences for violations, including warnings, suspensions, and potential disbarment for repeated offenses involving baseless claims.
Enhance the capacity of disciplinary committees to investigate and act on complaints of unethical behavior promptly and transparently.
Promote Ethical Advocacy:
Strengthen ethical guidelines to more clearly define an advocate's duty to prevent frivolous lawsuits and uphold factual merit in legal proceedings.
Implement mandatory continuing education programs emphasizing ethical conduct and professional responsibility, including regular workshops and seminars.
By taking these proactive steps, the Bar Council can send a clear message about the importance of ethical advocacy. This will not only deter unethical practices but also significantly reduce the number of frivolous lawsuits clogging the court system. Ultimately, this will lead to a more efficient and just legal system for all.
I HAVE UPLOADEDABOVE PETITION AT https://chng.it/g8T7vPVCbn PLEASE SUPPORT THIS PETITION TO ESTABLISH RULE OF LAW.

jobstervijay   28 July 2022 at 04:36

Lawyer sending unauthorized notice

there are 2 instances but in both lawyer sent unauthorized notice
I manly need to know cpc for sending notice, do they need authority letter /consent letter and how to report such mal practice

1) recently copyright notice was sent to one publisher on behalf of another, accuser denies sending such notice in call but not giving in writing, when asked lawyer he said he sent notice on behalf of another lawyer ,another lawyer is found to frnd of accuser

2) when one person was selling flat paper notice was published on behalf of his wife ,but wife not accepting/denying such notice ( her being adamant is one of reason divorce case pending )



where to approch to force lawyer to prove authority
plz note,wordis force

BALKAR SINGH   23 July 2022 at 18:28

Pay protection to ex-servicemen in cooperative banks

Sir what is the policy on pay fixation of Ex-Servicemen reemployed in Cooperative Bank. Is there any pay protection for Ex-Servicemen or not.

IRSHAD ANSARI 8354   15 July 2022 at 20:59

174 mv act

सर्
मोटर एक्सीडेंट क्लेम में वाहन के स्वामी के खिलाफ आर्डर पास हुआ है।रिकवरी सर्टिफिकेट कोर्ट द्वारा जारी हुआ।कलेक्टर के यहां से यह जवाब आया कि वाहन स्वामी की मृत्यु हो गयी है।वाहन स्वामी के नाम से जमीन है।क्या कोर्ट जमीन को कुर्क करने का आदेश दे सकती है।कोई रूलिंग है।

Anonymous   08 July 2022 at 18:02

Leave & licence agreement

Dear Sir, I had given out my flat in lower parel on rent from March 2021. My tenant had insisted for 2 years lock in which is in force till March 2023. The agreement is registered. Suddenly on 6th July i got a call from my tenant that he is vacating the flat and giving the key to an agent. I was shocked. I said you can vacate like that. I will let you go once I get a new tenant. Why should i suffer the losses. Then he started threatening me saying I will not pay rent and I will not give possession of your flat. Do whatever you want. I will put your flat on airbnb, I will make your life hell. So I called my lawyer. He had advised me register a complaint in police. I gave a letter to police. In the meantime my tenant went to police and handed over my flat key to a constable and sent me a SMS stating

To,
Janhavi Sadanand Mantri
This is to let you know that I have legally given up the possession of the rented property at C-203 Neelganga apartment. The Key (same one which you gave me in March 2022) was returned to Hawaldar Shinde from NM Joshi Marg Police Station. He has a paper with your name and mobile number along with the house key. I have also spoken with senior Police officer about the handover of possession of the property. I have paid latest electricity and gas bill this week itself which you could check online. Also I have paid rent in advance until 9th of this month plus you have 2 months rent as deposit. I tried my best to negotiate a middle way for you to have no loss atall since I had signed a lock in period of 2 years however you went to Police Station with a civil matter. Hence forth if you would like to communicate then please coordinate through courts as I do not wish to communicate with you anymore.
Tenant
-Azim Khatib
7th July 2022


Now I don’t know what to do. Please guide.

Thank you,

Janhavi Mantri

Anonymous   21 April 2022 at 16:13

False cheque notice

we received a false cheque notice , the cheque was bounced and after receiving the intimation of the same, we after 16 days by way of RTGS made them a payment of cheque amount, they received it and accepted it , and still they have sent us 2 notices, one for under section 138 and second for cancellation of sale deed , against which said cheques were issued, as 138 cannot be applicable to us as they received and accepted the payment , now can we file any counter suit on him for sending wrong notice like defamation or any civil or criminal suit.
Kindly guide .

Anonymous   03 April 2022 at 15:08

Red stamp

Mene property purchase ki he meri sell deed paper pe red stam lagi hui he sdm se notice bhi aya he me ye janna chata hu ki ab hum kya kare jis se ye sab solved ho jae

konidena adv subrahmanyam   08 December 2021 at 12:18

Fcra act, rules, notifications

Respected sirs
I have two quieries
1.is it mandatory to appoint mva hr under fcra, if so under what section, rule or notification
2. Is it mandatary to appoint purchase committee under fcra to finalise purchase contracts enter the same in minutes books. If so under what section, rule or notification
Kindly advice
Adv K. V. Subramanyam

Anonymous   23 November 2021 at 12:28

Urgent help-misselling insurance to 80+ yr old

Little lengthy - but its urgent- kindly guide me.

BRIEF NOTE BEFORE DETAILS: Main reason for posting here is because someone from the Ombudsman office (Assistance Secretary to Ombudsman (A.S.O), who was with the judge in the hearings) has been calling me several times asking me (literally threatening) to withdraw the cases and settle with a compromise with the Insurance company (the terms of which he will speak to company and arrange) or else I will not receive any refund and cases will be reversed. Inspite of that I went ahead with the hearings based on someone's suggestion.

BACKGROUND
My father is 80+ and suffering from Alzheimer's/dementia. He receives a pension of 25K per month. Prior to the diagnosis of his disease, he fell victim to mis-selling of 13 insurance policies by 2 agents in just 2 yrs time - total premium around 25Lac p.a for 5 - 6 years. From what the doctor told and from learning more about Alzheimer's, it is clear that he had serious memory decline already at that time and was not in a position to handle financial decisions. The agents have misguided him heavily as he was not in a position to oppose when they were dumping policies to him. My parents were staying in different location at that time and I was not aware of any of his finance etc.

They are all life insurance policies given in the names of me, my sister, my mother and my daughter. In some cases agents have filled wrong salary and rental income details in the proposal form for myself and my sister whereas both are home-makers and have no personal income. I was not aware that so many policies were given and secondly my father had told they were like FD to avoid tax from some maturity amount he received so I thought it was only one time investment. After 2 years,( in 2019-2020) the policies started lapsing and by this time my father had total memory loss and is not in a position to even remember anything. I got to know all this when I started receiving several calls on my fathers mobile for premium payment. After a lot of research I understood that the agents had sold policies knowing somehow about his maturity money and must have definitely known that he cannot pay more that 2 yrs premium.

First I raised complaint with the companies. Some 5 polices have been cancelled and refunded by the company itself, these are lower value polices < 1 lac per annum.

For the others where the company refused to cancel and refund, I had raised complaint earlier this year with the local Insurance Ombudsman and the Policies have now started to come up for hearing with ombudsman, on different dates.
1) In the first case, policy is in the name of my daughter with my father as proposer. Ombudsman asked to refund the amount due to some technical mistake in selling- grandfather to grand daughter
2) Second policy, in my mother's name (she is the proposer and life assured, currently 69yr old) In this 3 premiums totally 2.4 lacs have been paid. The judge said since my fathers name is not involved in this, he cannot treat this policy like the first one. He has ordered the company to make it a single premium policy.
3) In the third policy, my sister is the proposer and life assured. Premium around 2.5Lacs Half yearly and 3 premiums have been paid. My sister is uneducated and no personal income. The judge questioned the company how they could give policy to someone with no capacity to pay premium - sum assured is 50Lacs. They have given them 2 days time to contact the broker company and come up with the explanation. I am waiting for the ombudsman decision.

My queries:
1. In the case where policy is converted to single premium, will the insurance company deduct some amount as administration charges etc or is the full amount taken for premium.
(The ombudsman did not mention about any deduction but the A.S.O who called me again after hearing said there will be deduction.)
2. Given the heavy mis-selling, should the judge not order for refund all amount even if it is in the name of my sister or myself. He said he would not treat all cases same as they are in different names.
3. The policy in my name is nearly 7 Lac per annum premium. And 2 yrs premium paid. The A.S.O has warned me again for this that if I go for hearing, the ombudsman will reject my case as I am educated. So he said he will talk to company and settle something and I should withdraw with compromise. Is he guiding me correctly?

Anonymous   23 November 2021 at 12:26

Urgent help-misselling insurance to 80+ yr old

Little lengthy - but its urgent- kindly guide me.

>>>

BACKGROUND
My father is 80+ and suffering from Alzheimer's/dementia. He receives a pension of 25K per month. Prior to the diagnosis of his disease, he fell victim to mis-selling of 13 insurance policies by 2 agents in just 2 yrs time - total premium around 25Lac p.a for 5 - 6 years. From what the doctor told and from learning more about Alzheimer's, it is clear that he had serious memory decline already at that time and was not in a position to handle financial decisions. The agents have misguided him heavily as he was not in a position to oppose when they were dumping policies to him. My parents were staying in different location at that time and I was not aware of any of his finance etc.

They are all life insurance policies given in the names of me, my sister, my mother and my daughter. In some cases agents have filled wrong salary and rental income details in the proposal form for myself and my sister whereas both are home-makers and have no personal income. I was not aware that so many policies were given and secondly my father had told they were like FD to avoid tax from some maturity amount he received so I thought it was only one time investment. After 2 years,( in 2019-2020) the policies started lapsing and by this time my father had total memory loss and is not in a position to even remember anything. I got to know all this when I started receiving several calls on my fathers mobile for premium payment. After a lot of research I understood that the agents had sold policies knowing somehow about his maturity money and must have definitely known that he cannot pay more that 2 yrs premium.

First I raised complaint with the companies. Some 5 polices have been cancelled and refunded by the company itself, these are lower value polices < 1 lac per annum.

For the others where the company refused to cancel and refund, I had raised complaint earlier this year with the local Insurance Ombudsman and the Policies have now started to come up for hearing with ombudsman, on different dates.
1) In the first case, policy is in the name of my daughter with my father as proposer. Ombudsman asked to refund the amount due to some technical mistake in selling- grandfather to grand daughter
2) Second policy, in my mother's name (she is the proposer and life assured, currently 69yr old) In this 3 premiums totally 2.4 lacs have been paid. The judge said since my fathers name is not involved in this, he cannot treat this policy like the first one. He has ordered the company to make it a single premium policy.
3) In the third policy, my sister is the proposer and life assured. Premium around 2.5Lacs Half yearly and 3 premiums have been paid. My sister is uneducated and no personal income. The judge questioned the company how they could give policy to someone with no capacity to pay premium - sum assured is 50Lacs. They have given them 2 days time to contact the broker company and come up with the explanation. I am waiting for the ombudsman decision.

My queries:
1. In the case where policy is converted to single premium, will the insurance company deduct some amount as administration charges etc or is the full amount taken for premium.
(The ombudsman did not mention about any deduction but the A.S.O who called me again after hearing said there will be deduction.)
2. Given the heavy mis-selling, should the judge not order for refund all amount even if it is in the name of my sister or myself. He said he would not treat all cases same as they are in different names.
3. The policy in my name is nearly 7 Lac per annum premium. And 2 yrs premium paid. The A.S.O has warned me again for this that if I go for hearing, the ombudsman will reject my case as I am educated. So he said he will talk to company and settle something and I should withdraw with compromise. Is he guiding me correctly?